No medical evidence was presented to prove any exacerbation to the injury. Supervision at a ratio of two supervisors to twenty pupils was well within acceptable limits. The case was appealed to the High Court on all grounds. The Judge found against the school and made an award along with an order for costs. Finally, the Judge commented that the injured party was forced to continue with training and that although there was no medical evidence to support this, it may have exacerbated the pupil’s injury. The judge went on to state that the accident arose from play acting and that there was no malice in it. The Circuit Court Judge found against the school on the basis that supervision was inadequate but had no criticism to levy against the teacher or parents who were giving their time freely. Evidence was given that there were 20 pupils participating in the session supervised by the teacher and a parent (who was in a car adjacent to the pitch, looking on).
#STRICTLY BREAKS SCHOOLYARD BREAKS FULL#
The case went to a full hearing in the Circuit Court.
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It was alleged that there was a lack of supervision and that the teacher should not have allowed the injured party to continue to participate in the training session. The teacher actually witnessed the accident and attended to the injured party after the accident and tested her finger movement and her wrist and confirmed there was no bruising or redness.
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Following the collision the injured party alleged she was forced to participate in the session despite being injured. This version changed in the course of the hearing to an accidental collision. The pleadings advised that the injured party was rugby tackled by a boy before the session commenced. This first case involved a collision between two pupils during the course of GAA training after normal school hours.